Chapter 27: Assault Flashcards Preview

-attempts, or knowingly/intentionally/reclessly causes bodily injury to another

-negligently causes bodily injury to another w/ a deadly weapon

-attempts by physical menace to put another in fear of imminent serious bodily injury

-conceals/attempts to conceal a hypodermic needle intentionally/knowingly penetrates a LEO/CO

2701: Simple Asssault

M.2

M.1= committed against a child under 12 years of age, by an adult 21 years or older

M.3= a fight/scuffle entered into by mutual consent

2

-communicates (directly or indirectly) a threat to commit any crime of violence w/ intent to:

terrorize

cause evacuation of a building, place of assembly, or facility of public transportation

cause serious public inconvienience

cause terror/public inconvienience w/ reckless disregard of the risk of causing such

2706: Terroristic Threats

M.1

F.3= if causes occupants of a building/place of assembly or public transportation to be diverted from normal/customary operations

**also liable for restitution for cost of evacuation/response by police, fire, ect...

3

-engages in a course of conduct/repeatedly commits acts toward another person w/o authority; under circumstances which demonstrate intent to place another in fear of Bodily Injury or cause substantial emotional distress

-engages in a course of conduct/repeatedly communicates to another under circumstances that demonstrates or communicates an intent to place other in reasonable fear of Bodily Injury or cause substantial emotional distress

2709.1: Stalking

M.1= 1st offense

F.3= 2nd offense; OR 1st offense w/ a prior conviction of crime of violence against the same victim

Venue= may be deemed to have been committed at either: place where communication was made OR where received

-person who violates 2701 (simple assault) where the victim is a sports official:

assaulted during a sports event; OR

as a result of his official acts as a sports official

**Sports Event= junior high school, high school, college, or any other organized activity, including professional and semi-professional

2712: Assault on Sports Official

M.1

84

-recklessly engages in conduct which places/may place another person in danger of death or serious bodily injury

2705: Recklessly Endagering Another Person

M.2

110

-with intent to harass, annoy or alarm another, the person:

strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

follows the other person in or about a public place or places;

engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose

2709(a)(1)-(3): Harassment

S

115

Commits a violent offense w/ intent to:

intimidate/coerce a civilian population

influence the policy of a government

affect the conduct of a government

2717: Terrorism

If violent offense is a misdemeanor, F.3, or F.2= grade is one-degree higher

If violent offense is an F.1= term in prison set at not more than 40yrs; fine not more than $100,000

139

-w/ intent to commit underlying offense:

Rape

Invol. Deviate Sexual Intercourse

Aggravated Indecent Assault

Indecent Assault

-offender substantially impairs the complt's power to appraise/control his/her conduct

-by administering, WITHOUT complt knowledge

-any drugs or other intoxicants

2714: Unauthorized Admin. of Intoxicant

F.3

140

w/ intent to harass, annoy or alarm another, the person:

communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;

communicates repeatedly in an anonymousmanner;

communicates repeatedly at extremely inconvenient hours; or

communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6)

2709(a)(4)-(6): Harassment

M.3

141

-attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life

-attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty

2702(a)(1)(2): Aggravated Assault

F.1

142

-attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty

-attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon

-attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member while acting in the scope of his or her employment or because of his or her employment relationship to the school

-attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious
bodily injury

-uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious
gas in labor disputes) or uses an electric or electronic
incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment

2702(a)(3)-(7) Aggravated Assault

F.2

143

-attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm

2702.1: Assault of a Law Enforcement Officer

F.1

**term of imprisonment not to exceed 40 years

144

-intentionally

-throws, shoots or propels

-a rock, stone, brick, or piece of iron, steel or other like
metal, or any deadly or dangerous missile, or
fire bomb

-into a vehicle or instrumentality of public transportation that is occupied by one or more persons

2707(a): Propulsion of missiles into an occupied vehicle or onto a roadway (occupied vehicles)

M.1

145

-knowingly, intentionally or recklessly

-discharges a firearm from any location into an occupied structure

2707.1: Discharge of a firearm into an occupied structure

F.3

Occupied Structure= Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present

146

-person other than a duly constituted officer of the law uses or directs the use of tear or noxious gas against any person involved in a labor dispute

2708: Use of tear or noxious gas in labor dispute

M.1

**tear or noxious gas” means any liquid or gaseous substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates or injures other organs and tissues of the human body or causes nausea, including, but not limited to, red pepper spray

147

A caretaker:

-intentionally, knowingly, recklessly causes B.I. or S.B.I. by failing to provide treatment, care, goods, or services neccessary to preserve the health, safety, or welfare of a care dependent person (for whom they are responsible for)

-intentionally or knowingly uses physical or chemical restraint, medication, or isolates a care dependent person, contrary to law/regulation, such that B.I. or S.B.I. results

2713: Neglect of a care dependent person

M.1= if BODILY INJURY results

F.1= if SERIOUS BODILY INJURY results

148

-without lawful authority to do so, intentionally, knowingly or recklessly possesses or manufactures a weapon of mass destruction

-without lawful authority to do so, intentionally, knowingly or recklessly sells, purchases, transports or causes another to transport, delivers or causes to be delivered or uses a weapon of mass destruction and if such action
causes any of the following:

Illness or injury to another individual

Damage to or disruption of a water or food supply or public natural resources, including waterways, State forests and parks, surface water, groundwater and wildlife

Evacuation of a building, place of assembly or facility of public transportation

2716(b): Weapons of Mass Destruction (use)

F.1

**if result in death, penalty is life imprionment

**shall be sentenced to pay restitution for cost of evacuation, response of police, fire ect...

150

-with malicious intention toward the race, color, religion
or national origin of another individual or
group of individuals:

-commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or
under section 3503 (relating to criminal trespass) with respect to such individual or his or her property or with respect to one or more members of such group or to their property

2710: Ethnic Intimidation

-shall be classified as a misdemeanor of the third degree if the other offense is classified as a summary offense. Otherwise, an offense under this section shall be classified one degree higher in the classification specified in section 106 (relating to classes of offenses) than the classification of the other offense

malicious intention= the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the race, color, religion or national origin of another individual or group of individuals

151

To convey a message w/o intent of legitimate communication or address by oral, nonverbal, written, or electronic means, including telephone, electronic mail, internet, facsimilie, wireless communication, or similar transmission

"Communicates"

(2709.1- Stalking)

152

A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. Includes lewd, lascivious, threatening, or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts occuring in more than one jurisdiction may be used as evidence of a "continuing pattern of conduct."